ProEnglish v. Bush

ProEnglish Sues President Bush
E.O. 13166 Says Speaking English is Illegal Discrimination;
Suit Filed under First Amendment to block federal rules.

ProEnglish and four physicians filed suit on March 11, 2002, in federal court to overturn Executive Order 13166 (E.O. 13166) The order was signed Aug. 11, 2000 by President Clinton and requires all recipients of federal funds to provide translations and interpreters for people who don't speak English, or risk prosecution for violating their civil rights.

The order applies to almost every federal, state, and local government agency in the country as well as private contractors receiving federal payments and medical providers including doctors who are reimbursed for patient care under Medicaid and Medicare Part A. Because E.O. 13166 requires that all these entities and individuals pay the cost of translation services out of their own pocket without reimbursement, it amounts to a huge un-funded federal mandate costing tens of billions of dollars.

ProEnglish is suing on the grounds that (1) the executive branch does not have the authority to promulgate these policies, (2) the executive order violates the First Amendment by requiring individuals to use speech they would not choose for themselves, and (3) the order's implementation violated the Administrative Procedures Act and other regulatory fairness laws. ProEnglish is asking the court to enjoin the defendants from enforcing the executive order, or any interpretation of the Civil Rights Act which equates language and national origin

On Aug 16, 2002, U.S. District Court Judge Leonie Brinkema dismissed the case, ruling it was premature ("not ripe"). The 4th-Circuit U.S. Court of Appeals in Richmond, VA. In April, 2003, the court turned down our appeal, even though the court agreed with ProEnglish that Judge Brinkema had erred in her main argument; because the case had been dismissed without prejudice, ProEnglish can re-file.


Action Urge Congress to defend English Model official English statute Donate Current Legislation State Profile Issues Official English Bilingual Education English on the Job Citizenship and Immigration Bilingual Ballots Puerto Rican Statehood Ending E.O. 13166, the "Multilingual Mandate" Contact us: 1601 N. Kent St. Suite 1100 Arlington, VA 22209 ph: (703) 816-8821		ProEnglish Sues President Bush E.O. 13166 Says Speaking English is Illegal Discrimination; Suit Filed under First Amendment to block federal rules. ProEnglish and four physicians filed suit on March 11, 2002, in federal court to overturn Executive Order 13166 (E.O. 13166) The order was signed Aug. 11, 2000 by President Clinton and requires all recipients of federal funds to provide translations and interpreters for people who don't speak English, or risk prosecution for violating their civil rights. The order applies to almost every federal, state, and local government agency in the country as well as private contractors receiving federal payments and medical providers including doctors who are reimbursed for patient care under Medicaid and Medicare Part A. Because E.O. 13166 requires that all these entities and individuals pay the cost of translation services out of their own pocket without reimbursement, it amounts to a huge un-funded federal mandate costing tens of billions of dollars. ProEnglish is suing on the grounds that (1) the executive branch does not have the authority to promulgate these policies, (2) the executive order violates the First Amendment by requiring individuals to use speech they would not choose for themselves, and (3) the order's implementation violated the Administrative Procedures Act and other regulatory fairness laws. ProEnglish is asking the court to enjoin the defendants from enforcing the executive order, or any interpretation of the Civil Rights Act which equates language and national origin On Aug 16, 2002, U.S. District Court Judge Leonie Brinkema dismissed the case, ruling it was premature ("not ripe"). The 4th-Circuit U.S. Court of Appeals in Richmond, VA. In April, 2003, the court turned down our appeal, even though the court agreed with ProEnglish that Judge Brinkema had erred in her main argument; because the case had been dismissed without prejudice, ProEnglish can re-file.